This document is valid as of 30 September 2021.
Tosun Investments cc owns mibagu.com and its associated content (“us, our, we”).
Very Important: Please note that any communications on this website (mibagu.com) are intended only for the personal use of members, and may not be used for promoting indecent acts or for organised political activity. This site may also not be used for spamming purposes. Please make sure you read our guidelines before using this website.
Our Advertising Terms and Conditions are also inclusive of our standard terms and conditions for displayed on our website.
Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.
We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the standard format inherent to our website as with information submitted by you. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.
We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and process your payment. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We will head all advertisement as “Ad” to distinguish it from other types of content.
The rate for your advertisement will be specified by us and you may at your own cost determine the length of the advertising period. The advertising rates are included below. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published. You must pay us for the advertising services in accordance with the terms of your order. Advertising on our website is a prepaid service and we do not place advertisements without prior payment. Incomplete requests for advertising will not be processed.
Prices for advertisements
Please note: The prices below are per ad based on duration and not per click or per impression. These prices are subject to regular updates due currency fluctuations.
|
Duration |
Price |
|
1 day |
N$60 |
|
1 week |
N$420 |
|
1 month |
N$1800 |
All rates and charges quoted are, unless expressly stated otherwise, inclusive of Taxes as prescribed by the government of Namibia. The use of the advertising system is at your own risk and you may contact us if the ad system does not work properly or if you suspect someone may have used your details without your consent. If you can not do an online payment and choose to do a bank deposit you will be presented with an invoice and this invoice must be paid in 72 hours. An invoice older than 72 hours is not valid. Payments must be made at least 2 working days prior to the campaign starting date. If an ad request is received by us after your required date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage advertisement requests to meet deadlines. We will not compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. We may, in our absolute discretion, remove any redirects from our network which are delayed in serving advertisements or those that redirect to indecent websites. All click-through URLs must enable the browser’s feature to allow users to return to our website. If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.
You must promptly check any proofs of advertising on our website, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
Cancellation of any advertisement or campaign must be received in writing from you no less than 24 hours days before the commencement date in your order in order to receive a 100% refund. Any cancellations of any nature received after the Cancellation Deadline as published in the Advertising Agreement Online are at the sole discretion of Sores Investments cc Any cancellations after this date will be subject to a minimum cancellation fee of 50% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign unless your advertisement duration exceeds one (1) Week and if longer you will be refunded a 50% of the full price of the duration.
If you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.
By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe laws or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy laws; or any other law. By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the relevant Acts) which cannot be excluded. We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
These Terms and Conditions, together with your Advertising Agreement Online, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or email to your last known address.
Service Terms & Conditions
Welcome to mibagu.com (“Service”), an online service of Sores Investments cc Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement, mibagu.com grants to you a terminable, at-will, non-exclusive license to use and display the Service for your personal, non-commercial use.
You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libellous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify Sores Investments cc and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them that arise out of or are related to the content that you post.
mibagu.com reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. mibagu.com also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the management, or other commentary.
Copyright and Trademarks
The Service is the personal property of Sores Investments cc retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above.
www.mibagu.com and respective logos are trademarks of Sores Investments cc All other trademarks on the Service are the property of their respective holders.
Purchase of Products and Downloading of Software
You may have the opportunity to order or receive merchandise and services, and to download Software (collectively “Products”) through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by mibagu.com) are provided by third-party vendors (“Vendors”) pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.
By using the Site you acknowledge and agree Sores Investments cc affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.
You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. Neither Sores Investments cc nor any Vendor can guarantee that any encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Sores Investments cc nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.
Intellectual Property Infringement Claims
It is the policy of Sores Investments cc to respond expeditiously to claims of intellectual property infringement. Sores Investments cc will promptly process and investigate notices of alleged infringement and will take appropriate actions under the relevant Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. Sores Investments cc will terminate access for members and account holders who are repeat infringers.
Please direct any notices of claimed copyright infringement to
Permissions
All requests for licensing, readvertising, linking and other usage of material on mibagu.com should be addressed to
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SORES INVESTMENTS CC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
This Site may contain links to other Websites that are owned and operated by third parties. You acknowledge that Sores Investments cc is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Sores Investments cc of that Website.
Notices
Sores Investments cc may give notice to you through general posting on the Service, through email, in its sole discretion. You may give notice to Sores Investments cc through
mibagu.com reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
General
Any failure of Sores Investments cc to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
Indemnity
In the event you breach the terms of this license, or if, any claims are made against Sores Investments cc (its employees, officers or directors resulting from your actions) you shall be liable to Sores Investments cc for all damages, costs, judgments, expenses (including reasonable legal fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the Namibia, as applied to contracts entered into and performed within Namibia. You agree to grant jurisdiction over yourself to the courts of the Namibia, and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.